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Articles 1111 - 1140 of 3543
Full-Text Articles in Law
Trending @ Rwu Law: Mikela Almeida's Post: Esther Clark Competition Held In R. I. Supreme Court, Mikela Almeida
Trending @ Rwu Law: Mikela Almeida's Post: Esther Clark Competition Held In R. I. Supreme Court, Mikela Almeida
Law School Blogs
No abstract provided.
Too Much Collateral Damage; Fatca: The Well-Intentioned, Yet Misguided And Unconstitutional, Tax Law, Zac Delap
Too Much Collateral Damage; Fatca: The Well-Intentioned, Yet Misguided And Unconstitutional, Tax Law, Zac Delap
Journal of the National Association of Administrative Law Judiciary
This paper will examine FATCA in five parts: beginning with an introduction in Part I, Part II will provide the pertinent background that gave rise to the law, Part III will present the essential elements of FATCA, Part IV will offer pertinent liberty and constitutional arguments against FATCA, and Part V will analyze each argument's possibility of succeeding.
A Benign Prior Restraint Rule For Public School Classroom Speech, Scott R. Bauries
A Benign Prior Restraint Rule For Public School Classroom Speech, Scott R. Bauries
Law Faculty Scholarly Articles
This Article is a contribution to a symposium on schools and free speech. It advances the claim that the First Amendment doctrines that apply to the classroom should adopt a benign prior restraint rule. In the case of teacher classroom speech, the Garcetti rule should apply where the government’s action in interfering with the speech constitutes a prior restraint—the First Amendment should not reach such interference. In cases where a teacher first speaks and then is later punished for that speech, however, basic notions of due process and the dangers of arbitrary governmental decision making are far more pressing, and …
From The Editors: Ferguson And Its Impact On Legal Education Symposium, Marc Spindelman, Thomas D. Cobb, Kellye Testy, Kate O'Neill
From The Editors: Ferguson And Its Impact On Legal Education Symposium, Marc Spindelman, Thomas D. Cobb, Kellye Testy, Kate O'Neill
Journal of Legal Education
No abstract provided.
Reverse Broken Windows, Christopher R. Green
Reverse Broken Windows, Christopher R. Green
Journal of Legal Education
No abstract provided.
Facing The Ghost Of Cruikshank In Constitutional Law, Martha T. Mccluskey
Facing The Ghost Of Cruikshank In Constitutional Law, Martha T. Mccluskey
Journal of Legal Education
No abstract provided.
Moral Shock And Legal Education, Susan A. Bandes
Moral Shock And Legal Education, Susan A. Bandes
Journal of Legal Education
No abstract provided.
Teaching "Ferguson", Chad Flanders
The Fire This Time: Black Lives Matter, Abolitionist Pedagogy And The Law, Charles R. Lawrence Iii
The Fire This Time: Black Lives Matter, Abolitionist Pedagogy And The Law, Charles R. Lawrence Iii
Journal of Legal Education
No abstract provided.
Legal Education And The Legitimation Of Racial Power, Gary Peller
Legal Education And The Legitimation Of Racial Power, Gary Peller
Journal of Legal Education
No abstract provided.
A Reader's Guide To Pre-Modern Procedure, David L. Noll
A Reader's Guide To Pre-Modern Procedure, David L. Noll
Journal of Legal Education
No abstract provided.
Book Review Of "The Once And Future King: The Rise Of Crown Government In America" By F.H. Buckley, Ronald Rotunda
Book Review Of "The Once And Future King: The Rise Of Crown Government In America" By F.H. Buckley, Ronald Rotunda
Journal of Legal Education
No abstract provided.
Police Violence And Ferguson: (En)Racing Criminal Procedure, Jeannine Bell
Police Violence And Ferguson: (En)Racing Criminal Procedure, Jeannine Bell
Journal of Legal Education
No abstract provided.
Law's Exposure: The Movement And The Legal Academy, Amna A. Akbar
Law's Exposure: The Movement And The Legal Academy, Amna A. Akbar
Journal of Legal Education
No abstract provided.
Magna Carta Then And Now: A Symbol Of Freedom And Equal Rights For All, Eugene K. B. Tan, Jack Tsen-Ta Lee
Magna Carta Then And Now: A Symbol Of Freedom And Equal Rights For All, Eugene K. B. Tan, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
Magna Carta became applicable to Singapore in 1826 when a court system administering English law was established in the Straits Settlements. This remained the case through Singapore’s evolution from Crown colony to independent republic. The Great Charter only ceased to apply in 1993, when Parliament enacted the Application of English Law Act to clarify which colonial laws were still part of Singapore law. Nonetheless, Magna Carta’s legacy in Singapore continues in a number of ways. Principles such as due process of law and the supremacy of law are cornerstones of the rule of law, vital to the success, stability and …
Abortion, Amendment 1, And The Future Of Procreational Rights Under The Tennessee Constitution, Glenn Harlan Reynolds
Abortion, Amendment 1, And The Future Of Procreational Rights Under The Tennessee Constitution, Glenn Harlan Reynolds
Scholarly Works
No abstract provided.
Canadian Constitutional Identities, Eric M. Adams
Canadian Constitutional Identities, Eric M. Adams
Dalhousie Law Journal
Constitutions are stories nations tell about themselves. Despite the famous declaration in the Constitution Act, 1867 that the "Provinces ofCanada...Desire...a Constitution similar in Principle to that of the United Kingdom," most of Canada's constitutional history can be understood as the search for a distinctly Canadian constitutional identity Canadians have always looked to their constitutional instruments to both reflect and produce a particular vision of the nation and its citizens. This article focuses on the search for Canada s constitutional identity during its first century as a nation, from Confederation until the 1960s. Drawing on a varied array of sources and …
Brief Of Restitution And Remedies Scholars As Amici Curiae In Support Of Respondent: Spokeo V. Robins, Doug Rendleman, Douglas Laycock, Mark P. Gergen
Brief Of Restitution And Remedies Scholars As Amici Curiae In Support Of Respondent: Spokeo V. Robins, Doug Rendleman, Douglas Laycock, Mark P. Gergen
Scholarly Articles
Both consumer protection and restitution may be casualties in a collision with the constitutional law of standing.
/="/">
/="/">Spokeo collects information from the internet and publishes it; however, Spokeo neither verifies the facts nor confirms which same-named person it refers to. Robins alleges that Spokeo violated the Fair Credit Reporting Act by disseminating false information about him. He seeks class certification and up to $1,000 in statutory minimum damages instead of compensatory damages. Spokeo argues that Robins lacks standing because he suffered no “injury in fact,” no “concrete harm.”
/="/">
/="/">Statutory minimum recoveries for defendants’ violations of plaintiffs’ …
Juggling Centralized Constitutional Review And Eu Primacy In The Domestic Enforcement Of The Charter: A. V. B., Maartje De Visser
Juggling Centralized Constitutional Review And Eu Primacy In The Domestic Enforcement Of The Charter: A. V. B., Maartje De Visser
Research Collection Yong Pung How School Of Law
Let the letters in the title of the judgment not fool anyone as to the anonymity of the parties involved: the facts that can be gleaned from this and the relevant Austrian judgments (the Kazakhstani plaintiff was alleged to have kidnapped other Kazakhs and lived at various junctures in Austria and Malta) should provide enough information for anyone with rudimentary skills in operating search engines to unearth the sensational beginning and unexpected ending of the protagonist. Such details, unfortunately, belong in a blockbuster movie rather than an academic case note.
Rights Of State Prisoners - Federal Court Intervention In State Prison Administration; Jones V. Wittenberg, Ronald L. Collins
Rights Of State Prisoners - Federal Court Intervention In State Prison Administration; Jones V. Wittenberg, Ronald L. Collins
Akron Law Review
The path to federal court intervention into state prison administration has been a tortuous and rocky one.... Jones v. Wittenberg carries federal court intervention into state prison administration to new lengths. Until more basic and lasting changes are made on the part of society and the states, such intervention seems to be the best chance for ameliorating conditions in our state penal systems.
Constitutional Law - Flag Desecration Statutes - Freedom Of Expression; Parker V. Morgan, Bruce C. Heslop
Constitutional Law - Flag Desecration Statutes - Freedom Of Expression; Parker V. Morgan, Bruce C. Heslop
Akron Law Review
Viewed in its broad perspective, Parker v. Morgan has further clarified and circumscribed the constitutional limits of the state's power to protect the American flag from public acts of desecration. In this respect it may be considered to provide further insight into the constitutional questions involved in this relatively untouched area of the law. However, until authoritative consideration has been given to the nature and source of those protective powers which are reserved to a state, Parker v. Morgan cannot be regarded to have drawn the ultimate lines of demarcation for the constitutional validity of flag desecration statutes. A meaningful …
Constitutional Law And Secured Transactions: State Action V. Private Action - Uniform Commercial Code Self-Help; Repossession Provisions - Do Not Violate Due Process Requirements; Adams V. Southern California First National Bank, David M. Hunter
Akron Law Review
Several years ago, the United States Supreme Court, in Sniadach v. Family Finance Corp.,' signaled what has been eventually interpreted in subsequent decisions as the strict measurement of creditors' rights against the requirements of due process set forth in the fourteenth amendment. What has since transpired has been an onslaught of litigation in this area of such magnitude that the due process requirements of prior notice and hearing found in Sniadach have been extended to virtually all forms of prejudgment remedies available to the aggrieved creditor. Despite all of this, the rationale of the Court of Appeals for the Ninth …
Obscenity - New First Amendment Standards; Miller V. California, Stacy E. Wolfe
Obscenity - New First Amendment Standards; Miller V. California, Stacy E. Wolfe
Akron Law Review
It has been over fifteen years since the Supreme Court embarked on its precarious course of determining the Constitutional boundaries for control of obscenity by the state and federal governments. The Court's first attempt to define the meaning of obscenity and ultimately determine the Constitutional protection afforded this expression was in Roth v. United States. What has followed can only be characterized as a series of irreconcilable conflicts and discrepancies that have left the law in this area in total confusion. Recently, the Court in Miller v. California has again attempted to provide "concrete guidelines to isolate 'hard core' pornography …
Fifth Amendment - Due Process Clause- Sex Discrimination - Sex: A Suspect Classification; Frontiero V. Richardson, John J. Cook
Fifth Amendment - Due Process Clause- Sex Discrimination - Sex: A Suspect Classification; Frontiero V. Richardson, John J. Cook
Akron Law Review
Sharon A. Frontiero, a lieutenant in the United States Air Force, sought increased benefits for her husband as a "dependent" under 37 U.S.C. Sections 401, 4031 and 10 U.S.C. Sections 1072, 10762 Those statutes provide that spouses of male members of the uniformed services are always dependents for purposes of obtaining increased quarters allowances and medical and dental benefits, but that spouses of female members are not dependents unless they are, in fact, dependent for over one-half of their support.3
Equal Protection - Property Taxes As A Method Of Funding Public Education; San Antonio Independent School District V. Rodriguez, Mark K. Croft
Equal Protection - Property Taxes As A Method Of Funding Public Education; San Antonio Independent School District V. Rodriguez, Mark K. Croft
Akron Law Review
Suit was brought in U.S. District Court for the Western District of Texas challenging the constitutionality of the Texas school financing system on the theory that it discriminated on a basis of wealth, permitting provision of a higher quality of education to be offered the children in property-rich school districts while residents pay a lower tax rate, thus denying equal protection of the law.' The District Court found the laws forming this system unconstitutional on this basis. Appeal brought the case to the Supreme Court in October of 1972, where it was reversed.
Obscenity - Liquor Regulations; California V. Larue, Richard Bernstein
Obscenity - Liquor Regulations; California V. Larue, Richard Bernstein
Akron Law Review
The state has the power to regulate the distribution of liquor and enforce health and safety regulations, but the state may not broadly stifle First Amendment freedoms when doing so. "The breath of legislative abridgement must be viewed in the light of less drastic means for achieving the same basic purpose." s The Court has consistently held that only a compelling state interest in the regulation of a subject within the state's constitutional power to regulate can justify limiting First Amendment freedoms.
Search And Seizure - Warrantless Search- Allowable Extent Incident To Arrest; United States V. Robinson, John Nelson Childs
Search And Seizure - Warrantless Search- Allowable Extent Incident To Arrest; United States V. Robinson, John Nelson Childs
Akron Law Review
DISTRICT OF COLUMBIA Metropolitan Policeman Richard Jencks, on April 19, 1968, halted Willie Robinson for a "routine spot check."' While examining Robinson's driver's license, motor vehicle registration, and selective service card, Officer Jencks noticed an 11-year discrepancy between the two birthdates listed on his driver's license and his draft card. Upon a later check of police traffic records, Officer Jencks discovered that an operator's permit issued to "Willie Robinson, Jr.," born in 1927, had been revoked and that a temporary license had been issued to a "Willie Robinson," born in 1938. Four days later, the same officer observed Robinson operating …
Student Rights Under The Due Process Clause . . . Suspensions From Public Schools; Goss V. Lopez, Glenn W. Soden
Student Rights Under The Due Process Clause . . . Suspensions From Public Schools; Goss V. Lopez, Glenn W. Soden
Akron Law Review
IN ADDRESSING ITSELF to the constitutionality of Section 3316.66 of the Ohio Revised Code,' the United States Supreme Court in Goss v. Lopez has ruled for the first time upon the extent to which the rights of students are to be protected under the due process clause of the fourteenth amendment in conjunction with any disciplinary removal from a public school. By its action the Court has tacitly undertaken to lift the cloud on student rights which has existed under the common law doctrine of in loco parentis, and interpose procedural safeguards upon any decision of school officials to deprive …
Marriage Rights; Homosexuals And Transsexuals; B. V. B.,, William D. Lentz
Marriage Rights; Homosexuals And Transsexuals; B. V. B.,, William D. Lentz
Akron Law Review
WHAT IS A MARRIAGE? Although there are several definitions, they all contain one common element: the union of one man and one woman. However, if a particular state had no statute which specifically required that marriage be between a man and a woman would the courts uphold a marriage between members of the same sex? The New York Supreme Court, in B. v. B., answered that question in the negative. In that case the wife brought an action for annulment on the ground that her husband was a female, and the husband attempted to amend his answer and counterclaim for …
Courts, Creditors' Rights; Debtors' Protection; Sequestration; Mitchell V. W.T. Grant Co., Sandra J. Pickut
Courts, Creditors' Rights; Debtors' Protection; Sequestration; Mitchell V. W.T. Grant Co., Sandra J. Pickut
Akron Law Review
SINCE 1969, AND TE DECISION in Sniadach v. Family Finance Corp.,' the confrontation between the creditor and the constitution has continued apace. Sniadach began an expansion of the measure of due process applicable to creditors' prejudgment remedies, and heralded a new era of protection for the property interests of vendee-debtors under the cloak of the fourteenth amendment. However, the most recent decision of the Supreme Court on summary prejudgment remedies, Mitchell v. W. T. Grant Co., appears to have abruptly halted that expansion and has returned judicial thinking to a concept of due process prevalent in the pre-Sniadach era. Accordingly, …